1,328: w88 Garnishments

Revised: September 2019

Nevada Revised Statutes 21.020 and 70.040 require all employers, including the University, to execute legally served w88 garnishments against an employee's pay. In such instances, the Payroll Office will advise the employee of the garnishment when served to allow him the opportunity to settle the matter prior to pay date, thereby avoiding the actual withholding of pay to satisfy the garnishment. Effective 7/1/2017, NRS 31.260 was amended for the case of a writ of garnishment that continues for 180 days or until the amount demanded in the writ is satisfied. A copy of the writ and the notice of execution need only be mailed once to the defendant.

Title III of Public Law 90-321 (Consumer Credit Protection Act) prohibits garnishment of more than 25% of the aggregate disposable earnings of an individual in any work week, or to that amount of the net weekly w88 which exceeds 30 times the current federal minimum hourly w88, if this is a lesser amount than 25% of the aggregate disposable earnings. However, the restriction of the amount does not apply in the case of: (1) any order of any court for the support of any person, (2) any order of any court of bankruptcy under Chapter 13 of the Bankruptcy Act, or (3) any debt due for any state or federal tax. Title III also limits the amount of earnings that may be garnished pursuant to court orders for child support or alimony. The garnishment of law allows up to fifty percent (50%) of all worker's disposable earnings to be garnished for these purposes if the worker is supporting another spouse or child, or up to sixty percent (60%) if the worker is not. An additional five percent (5%) may be garnished for support payments more than twelve (12) weeks in arrears.

"Disposable earnings" are net earnings remaining after deduction of any w88 required by law to be withheld. Examples of amounts required by law to be withheld are Medicare, federal income taxes and retirement amounts in lieu of social security taxes.